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City traffic arrests ‘make merchandise’ of poor

Chattanooga police department touts women officers who are trained to “enforce laws” not adopted by city council as ordinances — a long-established practice of poaching on lawful authority of state agencies such as department of safety and department of revenue. (Photo CPD)
Jimmy Lee Moore visits the Hamilton County sheriff’s department annex and speaks with an internal affairs officer, giving an oral narrative of a jail abuse incident based on his affidavit following a Title 55 traffic arrest by a city officer in 2020. (Photo David Tulis)

CHATTANOOGA, Tenn., Oct. 3, 2022 — The city has been under administrative notice for 4 years and is making no steps to end the harassment of the weak and the poor as God requires of the city council and the mayor’s office under his commandments.

By David Tulis / NoogaRadio Network

In Tennessee, the breach against these poor is against God’s law, and against man’s law. 

False imprisonment is a misdemeanor. “(a) A person commits the offense of false imprisonment who knowingly removes or confines another unlawfully so as to interfere substantially with the other’s liberty” Tenn. Code Ann. § 39-13-302, and kidnapping is false imprisonment with a threat: “a) Kidnapping is false imprisonment as defined in § 39-13-302, under circumstances exposing the other person to substantial risk of bodily injury. (b) Kidnapping is a Class C felony” Tenn. Code Ann. § 39-13-303.

“Under Tennessee law, claims of false arrest and false imprisonment are the same when the alleged false imprisonment arises out of an alleged false arrest by a law-enforcement officer” Weser v. Goodson, 965 F.3d 507 (6th Cir. 2020).

In the scripture, turning God’s people into merchandise for the profit of the judicial-industrial complex and the police growth industry is forbidden. This law is widely available in English, both on paper and on screens for easy review by parties subject it as holders of the lawful power of the sword.

If a man be found stealing any of his brethren of the children of Israel, and maketh merchandise of him, or selleth him; then that thief shall die; and thou shalt put evil away from among you.” — Deut. 24:7 KJV (emphasis added)

The NKJV uses the word kidnapping:

“If a man is found kidnapping any of his brethren of the children of Israel, and mistreats him or sells him, then that kidnapper shall die; and you shall put away the evil from among you.” (emphasis added)

The weak, the poor, the alien of the stranger, the orphan and the widow are often easily abused by those with property and those connected with the law and the administration of government (aka LEAs). God in the old testament gives special attention to these categories of citizenry, that they be not oppressed. The protections are repeated in various forms, and broad in scope.

 Slaves who flee their masters elsewhere are free to travel anywhere in the old Hebrew Republic free of oppression. Workers must be paid daily.

“You shall not give back to his master the slave who has escaped from his master to you. He may dwell with you in your midst, in the place which he chooses within one of your gates, where it seems best to him; you shall not oppress him.” — Deut. 23:15, 16

“You shall not oppress a hired servant who is poor and needy. *** Each day you shall give him his wages, and not let the sun go down on it, for he is poor and has set his heart on it; lest he cry out against you to the Lord, and it be sin to you.” — Deut. 24:14, 15

The Word is full of such passages, and many reminders about the people of God to hold the judges, chiefs and kings accountable for public sin.

Acceptable ‘talebearing’ by officials

My Tennessee transportation administrative notice to Chattanooga, Hamilton County, and other parties seeks to end a ruinous talebearing promoted by elected officials, accepted by most people, and put into effect by cops, deputies, DAs and courts. “You shall not go about as a talebearer among your people, nor shall you take a stand against the life of your neighbor; I am the Lord,” we are warned, Lev. 19:16. By words, by legal and rebuttable presumptions, God forbids the moving of landmarks — such as the right of ingress and ingress from one’s home (i.e., travel, communication). “You shall not remove your neighbor’s landmark, which the men of old have set, in your inheritance which you will inherit in the land that the Lord your God is giving you to possess” Deut. 19:14; ”Do not remove the ancient landmark, Nor enter the fields of the fatherless,” Prov. 23:10.

The talebearing is a false address and claim about officers’ lawful authority to arrest people. The tale has arisen over decades of custom and usages, and few people in authority in Hamilton County, even in the church, see it as evil. An evil under God’s law — false accusations, phony roadside threats, kidnapping, jailing, extorting — are forbidden also under man’s laws in Tennessee. Traffic “stops” cannot lead to instant arrest under T.C.A. 40-7-103, arrest by officer without a warrant, unless a crash has occurred, one involving alcohol or flight. But on-spot arrest, breaching this law, is commonplace, in violation of Tenn. const. art. 1, sect. 7, regarding warrants.

Tennessee transportation administrative notice focuses on Tennessee law, and demands fruit aligning with God’s law, so that God will restrain his hand of wrath against us for our publicly accepted and applied oppressions upon the poor — and ultimately everyone. God protects strangers and aliens. He prohibits landmark moving, talebearing, putting an obstacle in front of a blind person, and dishonest scales.

34 The stranger who dwells among you shall be to you as one born among you, and you shall love him as yourself; for you were strangers in the land of Egypt: I am the Lord your God. 35 ‘You shall do no injustice in judgment, in measurement of length, weight, or volume. 36 You shall have honest scales, honest weights, an honest ephah, and an honest hin: I am the Lord your God, who brought you out of the land of Egypt. — Lev. 19:34-36 (emphasis added)

The city’s Chattadata portal shows blacks are disproportionately subject of police “conduct” or misconduct. As it turns out, the poor and the black are disproportionately aggrieved. Under God, the violation is in terms of false weights.

Localities misuse police power and violate God’s claims protecting aliens and strangers (descendents of the slaves in the U.S.) by “injustice in judgment,” as outlined in Tennessee transportation administrative notice, which abuse is well described as a dishonest scale and a false balance.

Misuse of trucker regulation

Tennessee code at Title 55, motor and other vehicles, is a commercial administrative law for the proper authorities to regulate the state privilege of using the road for private profit and gain, under Tennessee government permission. 

This law does not apply to private users of the road, which is to say 80 percent of those cars and trucks going down the freeway or city boulevard.  

Tennessee municipal bodies abuse their own employees, as well. Their abuse of the traveling public puts their employees in legal jeopardy. They obligate their employees to do these acts under their own legal authority, not with lawful authority. The officer who arrested me Nov. 6, 2021, in Franklin, Tenn., covering the secretive judicial conference did the act on his own authority. He is personally liable to me for a misdemeanor, and for a tort.

Under God’s law, kidnapping, false arrest and false imprisonment are forbidden. In Tennessee, the constitution, the statute, municipal ordinance and common law recognition of citizen arrest rights are the four sources of arrest authority. The common law recognizes arrest power in every citizen for felony and acts known as “public offenses.” 

So what are we to do with Chattanooga (and other) city councils and the county commission, whose members are indifferent to notice and to repeated notice of news reports?

Administrative notice intends halt of abuse

The notice project intends to halt ultra vires enforcement of the driver license law, the vehicle registration law and the compulsory insurance law, all in Title 55.  It would appear law enforcement employees are  policing members of the public outside law authority, exercising a comprehensive wraparound and totalistic jurisdiction in all places even though by law city police officers are enforcers of ordinances only. 

If only the matter were brought up in court — by defendants, by the criminal defense bar, and by others. It’s not. That means it’s up to us.

The local police are a de facto military occupation, subject to Mayor Tim Kelly in Chattanooga. They rove about enforcing laws not charged to them to enforce or administer. Under the Lieber Code, which appears to remain in effect today from Civil War times, if they look like military, have military hierarchy, and treat the people as if they were a subject occupation population, they are a military. They enforce laws not adopted by city council as ordinances, so act ultra vires — or outside the scope, in their personal capacity under mere coloration and pretense of law.

But their military prowess is not total, and is subject to proper petition in court as to a particular defendant. The administrative notice is intended to be used by local people, one by one, to resist the abuse of illicit privilege enforcement by people who are not actually exercising the privilege. 

The privilege is transportation — using the road for private profit and gain, which under Tennessee law is subject to the departments of revenue and safety. 

The gospel of Jesus Christ liberates us from the slavery of sin. It does so personally, man by man, woman by woman, child by child. The word of God that accuses our city officials is not taught among the pulpits in Hamilton County. For, if the truth of the hatefulness of oppression were taught as a judgment and a wrong for which the people are responsible for resisting, there would eventually be mass public pressure to end the abuses of law enforcement per se, and policing per se.

Oppressing people by force, kidnapping them, stealing their trucks and cars, prosecuting them as criminals are wrong. The cases are many, including that of Keelah Jackson, Jon Luman, Jimmy Lee Moore, Michael James and Gregory Parker, who faced last week a terrifying prosecution in a charge-stacked prosecution by Tennessee highway patrol, but who is relieved to have had the whole matter thrown out by new district attorney Coty Wamp in an early good deed in her eight-year term.

The real story about these wrongs is that God’s people, in the church, are silent about them, and reforming these wrongs through sheriffs, chiefs of police, councils and commissions seems far, far off, absent any stirring by the Holy Spirit against these harms, starting with God’s House and God’s people to cry out for an end to injustice.

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